Terms and Conditions
1. SITE NAME AND OWNERSHIP
These General Terms and Conditions of Sale (“GTCS”) regulate all offers and orders for the sale of Products distributed through the website lucidilucca.com (“Site”) by Tuscan Enterprises of Siobhan Hughes, (hereinafter referred to as “Seller”) with registered office in Via di Matraia 269 55100 Lucca (LU), VAT/IVA number IT02221610468 info [@] lucidilucca.com Tel: 340 4808255.
2. SCOPE OF THE GTCS
- The offer and sale of Products at the site represent a distance sale contract regulated by Chapter I, Title III (section 45 et seq.) of Legislative Decree No. 206 dated 6th September 2005 (“Consumer Code”) and Legislative Decree No. 70 dated 9th April 2003 containing e-commerce regulations.
- These General Terms and Conditions of Sale apply to all contracts finalised with the Seller on this site.
- These General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new terms shall take effect as soon as they are published at the Site in the “General Terms and Conditions of Sale” section. Users are therefore invited to visit the Site on a regular basis and consult the latest version of the General Terms and Conditions of Sale before making any purchase.
- The applicable General Terms and Conditions of Sale are those in force when the order is placed.
- These General Terms and Conditions of Sale do not regulate the sale of Products by parties (other than the Seller) that are present on the Site through hyperlinks or banners etc. Before carrying out any transaction with such parties, you should check their terms and conditions of sale.
- The user should carefully read these General Terms and Conditions of Sale that the Seller makes available for consultation under the Site’s “General Terms and Conditions of Sale” section, and which may be stored and copied, along with other information that the Seller provides on the Site, both before and during the purchasing process.
3. PURCHASING FROM THE WEBSITE
- Purchasing online at lucidilucca.com does not require registration. To purchase one or more products on the Site, the Customer should select the products he/she intends to purchase and add them to the shopping cart. Once the selection of the chosen products has been completed, the Customer must continue with the checkout at the shopping cart web page, fill in the order form in electronic format according to the relative instructions, and send it to the Seller
- Correct receipt of the order is confirmed by Luci di Lucca by means of an e-mail reply, sent to the e-mail address supplied by the Customer. This confirmation message will contain the date and time of receipt of the order and a ‘Customer Order Number’, to be used in any further communication with Luci di Lucca. Remember that you can contact us about your order status by writing to info [@] lucidilucca.com or telephoning +39 3404808255.
- Pursuant to section 3, subsection I a) of the Consumer Code, it should be noted that individuals are classed as consumers when purchasing Products not intended to be used for business, trade or professional purposes.
- The Seller reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these GCS and / or the conditions and / or terms of the purchase contract with the Seller; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent the Seller the documents requested by the same or who have sent invalid documents.
4. CANCELLING OR AMENDING AN ORDER
If your order has not yet been shipped, you can cancel or amend the order. To cancel or amend an order, please contact the Seller promptly and, in any event, within 12 hours of the placing the order, by e-mail at info [@] lucidilucca.com, being sure to quote the order number.
5. ORDER AND DELIVERY STATUS
When the order is dispatched, a message will be sent to the User’s chosen e-mail address containing a tracking number that can be used to follow the progress of the shipment at the courier’s website or by contacting its call centre.
6. PRODUCT WARRANTY
All Products marketed by the Seller at the e-commerce Site www.lucidilucca.com are covered by a statutory warranty of conformity by virtue of and pursuant to section 128 et seq. of Legislative Decree No. 206 dated 2005 (Consumer Code).
7. PAYMENT METHODS
- The prices of the Products indicated on the Site are expressed in EUR and already include all applicable VAT taxes. The prices of the Products do not include the shipping and delivery costs which will be clearly indicated at the time of checkout.
- If the Product is delivered to a country belonging to the European Union, the Product sold should not be subject to any customs clearance costs, such as import taxes and / or duties.
- If the Product is delivered to a country not belonging to the European Union the Products sold may be subject to customs clearance costs, such as import taxes and / or duties, payable upon arrival of the Produced in the country of delivery. The costs of customs clearance cannot be foreseen in advance by the Seller and are, in any case, entirely borne by the Customer. For more information, the Customer can contact the customs office of the country of delivery of the Product.
- The prices of the Products may be subject to variations. The Customer therefore undertakes to check the final sale price before completing their order.
- Information related to accepted payment methods are made available during the purchasing process. All payments are independently processed through third-party services. Therefore, the lucidilucca.com website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Seller shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
- Purchases made on www.lucidilucca.com are secure and can be made using credit card through our payment gateway partner Stripe, as well as Paypal.
Payment with Credit card using Stripe – to complete a payment online, customers enter their credit card information at checkout.
Payment with Paypal – If choosing to pay by PayPal, the user will be redirected to the secure PayPal website and payment will take place in accordance with the procedures specified therein.
8. SHIPPING COSTS
Our online store ships within the European Union (EU), United Kingdom, Norway, Switzerland, USA, Canada, Australia and New Zealand.
If you live elsewhere and wish to purchase our products, please contact us.
Shipping charges are payable by the Customer and the system will calculate these automatically at check-out based on the weight of the items ordered and your shipping destination. Select “CALCULATE SHIPPING” at checkout and enter your delivery address.
Packages are generally dispatched within 3 -5 business days after receipt of payment and are shipped via standard courier with tracking and drop-off without signature.
We recommend that you group your items in one order. We cannot group two distinct orders placed separately, and shipping costs will be applied to each of them.
Shipping costs up to 1kg in weight:
Italy – €10. (Estimated shipping time 2 – 3 business days). Enjoy FREE SHIPPING on orders over €150.
Europe – €24 (Estimated shipping time 3 – 5 business days). Enjoy FREE SHIPPING on orders over €150.
Extra UE (UK, Norway, Switzerland) – €24. (Estimated shipping time 3-5 business days). Enjoy FREE SHIPPING on orders over €150.
Canada / United States – €24 (Estimated shipping time 3-5 business days). Enjoy FREE SHIPPING on orders over €300.
Australia / New Zealand €30 (Estimated shipping time 6-8 business days). Enjoy returns-refunds-A on orders over €300.
Note: All orders outside the EU may be subject to VAT, import and customs duties and/or taxes and are payable by the customer. These charges will be country specific depending on where the purchase is made from.
9. DELIVERY TIMES
The delivery of the Products ordered on the Site takes place by standard courier. The Seller utilises a circuit of approved couriers/carriers offering the best possible value for the destination in question.
Delivery times will vary according to the availability of the purchased product (e.g. whether the stock is available) and the chosen delivery method.
When goods are not delivered because the user has provided the wrong address, have remained unclaimed at the courier/carrier’s warehouse and/or in any event for reasons attributable to the user’s behaviour, a new shipment will ONLY be possible if paid for in advance in the manner specified by the Seller.
In no case will it be possible to make deliveries by appointment and / or at fixed times and / or days.
10. DELIVERY OF THE GOODS
Upon taking delivery of the goods the user is required to check:
– that the number of packages delivered matches that stated on the waybill/transport document;
– that the packaging is intact and that no tampering, including the packaging closing tapes, has occurred. In the event of tampering and/or breakage, the user should immediately contest the shipment and/or delivery using the document received from the courier or other parcel delivery service and write “ACCEPTED SUBJECT TO FULL INSPECTION OF GOODS DUE TO …..” (state the reason).
– The user should subsequently provide details of any damages within 3 days of receiving the goods according to the procedure specified by the delivery company.
11. COOLING OFF PERIOD / RIGHT TO CANCEL
The right to cancel is currently regulated by section 64 of the Consumer Code as amended by Legislative Decree No. 21 dated 21st February 2014. The User classed as a Consumer in accordance with Consumer Code article 3, is entitled to cancel the agreement for any reason without penalty within 14 days and without incurring costs other than those specified by section 56, subsection 2, and section 57 therein.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.
Please click the following link for full text of the Consumer Code (last amended on 16th September 2015) https://www.aduc.it/generale/files/allegati/codiceconsumo.pdf.
NB The right of withdrawal is exclusively reserved for the consumer defined by the Consumer Code section 3. It does not apply to those who purchase with a VAT number and are therefore registered as a company and/or professionals.
12. INSTRUCTIONS FOR CANCELLATION
Your right to cancel shall be exercised in the following manner:
- All Products marketed by the Seller at the e-commerce Site www.lucidilucca.com are covered by a statutory warranty of conformity by virtue of and pursuant to section 128 et seq. of Legislative Decree No. 206 dated 2005 (Consumer Code).
- The entire purchased product should be returned unopened in the original packaging with all seals intact (including wrapping and any documentation and accessories).
- You must inform the Seller of your decision to cancel the contract by sending an email to
info [@] lucidilucca.com within 14 working days from the date of delivery of the goods.
- After sending this email communication and receiving an acknowledgement of receipt from The Seller, the User should arrange, at his/her own expense, to send the product by express courier in its original packaging, along with a copy of the shipping receipt, to the following address: Tuscan Enterprises of Siobhan Hughes, Via di Matraia 269 55100 Lucca (LU). Responsibility for the shipment rests entirely with the User until reaching our warehouse. In no case shall the Seller be liable for damage, loss and/or theft of products returned using uninsured shipping.
13. RETURNS AND REFUNDS
Goods should be returned to the Seller by the deadline specified under point 12 along with the received acknowledgement email from the Seller. Without prejudice to any repair costs for damage noted to the original packaging, the Seller will arrange to refund the user the full amount within 14 days from the return of the goods by means of a reversal of the amount charged to the credit card.
14. FORFEITURE OF RIGHT TO CANCEL
The User’s right to cancel and consequent right to a refund shall be forfeited should the Seller determine the existence of even one of the following conditions:
– Use, even partial, of the product and any consumables;
– Missing original inner packaging and/or external packaging;
– Missing product components (accessories, documentation, manuals);
– Product damage for reasons other than those caused during shipment.
In such cases the Seller will arrange to return the goods to the User, who will be charged shipping costs.
15. GOVERNING LAW
- The Purchase agreement concluded at the Site are subject to Italian law.
- Users classed as consumers whose permanent address is not in Italy shall benefit from any more favourable, mandatory regulations provided for by the laws of the country in which they normally live, particularly as regards the length of the cooling-off period, the deadline for returning Products, if exercising such right, the rules and procedures as regards giving notice and the statutory warranty of conformity.
- It should be remembered that in the case of a user classed as a consumer, any dispute regarding the application, execution and interpretation of these General Terms and Conditions of Sale shall be subject to the jurisdiction of the place in which the user resides or has provided an address for service. In the case of a user not classed as a consumer, any dispute regarding the application, execution and interpretation of these General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the Court of Lucca.
- As regards any dispute regarding the application, execution and interpretation of these General Terms and Conditions of Sale, a user living in a country belonging to the European Union other than Italy may also access the European Small Claims Procedure established by REGULATION (EC) No 861/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 July 2007, provided that the value of the claim does not exceed EUR 2,000, excluding all interest, expenses and disbursements. The text of the regulation is available from the website eur-lex.europa.eu.
16. NOTICE TO CONSUMERS - ONLINE DISPUTE RESOLUTION (ODR)
In accordance with the provisions of Article 14 of Regulation (EU) No 524/2013, the Consumer is advised that, as an alternative to legal proceedings, both consumer and the Seller may make use of the online alternative dispute solution by submitting a complaint through the platform established by the European Commission. This tool is made available to European consumers in order to enable out-of-court settlement of any dispute related to and/or arising from online sales or service contracts. The link to the ODR platform is (https://ec.europa.eu/consumers/odr/).
The Seller can be contacted by the entity at the following address email@example.com For further clarification, please write to us at the e-mail address published herein.
17. SUGGESTIONS / COMMENTS / COMPLAINTS
18. CONTACT US
Tuscan Enterprises of Siobhan Hughes, Via di Matraia 269 55100 Lucca (LU), IVA/VAT No: IT02221610468 info [@] lucidilucca.com Tel: 340 4808255